S. T. DESAI, N. M. MIABHOY, MIABHOY, J.

( 1 ) THE petitioner Ramjibhai Ukabhai Parmar has obtained a rule calling upon the respondent No. 2 to show cause why a writ of certiorari should not issue to remove into this Court an order made by it allowing an appeal preferred by respondent No. 1 on the ground that it had violated a fundamental of principle of natural justice. Respondent No. 1 Manilal Purshottam Solanki is a Councilor of the Baroda Borough Municipality thereafter called the Municipality) Petitioner is a resident of Baroda and claims to be a voter in the ward from which respondent No. 1 has been elected as a councilor. Petitioners case was that respondent No. 1 had incurred a disqualification to be a member of the Municipality under section 12 sub-sec. (2) clause (b) of the Bombay Municipal Boroughs Act 1925 (hereafter called the Act) and has thus become disabled from continuing as a councilor of the Municipality. Section 12 sub-section (2) clause (b) enacts inter alia that no person who has directly or indirectly 9 by himself or his partner any share or any interest in any employment with a Municipality shall be a councilor of such Municipality. Section 28 sub-section (2)

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